Opinion
No. 3:98-CR-00068
11-16-2012
UNITED STATES OF AMERICA v. MICHAEL DAO
JUDGE CAMPBELL
ORDER SUBSTITUTING RESTITUTION RECIPIENT
Judgment was entered as to the above-named defendant Michael Dao on November 25, 1998 (Docket Entry No. 20), wherein restitution in the amount of $151,791.00 was ordered to be paid to CIGNA Insurance Co. In 2002, CIGNA Insurance Company's name was modified to CIGNA Federal Insurance Benefits of Tennessee.
Based upon recent information provided by the Clerk's Office, it appears that Cahaba Government Benefit Administrators, LLC (Cahaba GBA) now administers Medicare health insurance for the Centers for Medicare and Medicaid Services for Part A and Part B claims in Alabama, Georgia, and Tennessee and Part B in Mississippi. Accordingly, the aforementioned Judgment in this case is hereby amended to reflect that the name of the restitution recipient is Cahaba GBA, and all future payments should be mailed payable to Cahaba GBA Part B Financial. The restitution balance of $59,168.60 shall be paid to Cahaba GBA Part B Financial.
The Court's authority to substitute the victim's name in the judgment is drawn from the All Writs Act (28 U.S.C. §1651 (a)), which expressly authorizes a federal court to issue such orders "as may be necessary or appropriate to effectuate and prevent the frustration of orders it has previously issued in its exercise of jurisdiction otherwise obtained."
IT IS SO ORDERED.
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TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE